RULES  Of  PROCEDURE 


RAILROAD  COMMISSION 


STATE  Of  CALirORNIA. 


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RULES  Of  PROCEDURE 


RAILROAD  COMMISSION 


STATE  OF  CALIFORNIA. 


OF  THrs  ^ 

UNIVERSITY 

OF 
Adopted^^Tiine"Sri  909. 


SACRAME:nTO: 

W.  W.  SHANNON        -        -       SUPBRINTBNDENT  STATE  PRINTING 
1909 


34-lC 

'^"^^'oft  Library 


RULES  Of  PROCEDURE 

OF  THE 

RAILROAD  COMMISSION 

OF  THE 

STATE  Of  CALIfORNIA. 


The  Railroad  Commission  of  the  State  of  Cali- 
fornia hereby  adopts  the  following  rules  to  govern 
the  exercise  of  the  judicial  power  conferred  upon 
the  Commission  by  the  State  Constitution,  and  the 
laws  made  in  pursuance  thereof: 

RuLD  I. 
Any  person  believing  himself  aggrieved  by  any 
railroad  or  other  transportation  company,  in  any 
particular,  may  file  a  verified  complaint  against 
such  railroad  or  transportation  company  with  the 
Secretary  of  the  Commission.  The  Secretary 
must  indorse  on  the  complaint  the  day,  month, 
and  year  that  it  is  filed,  and  must,  at  the  request 
of  the  Commissio*^-  issue  a  summons  thereon. 


194828 


4  Rules  of  Procedure  of  the 

RuL:e  II. 
The  summons  must  be  directed  to  the  defend- 
ant, must  be  signed  by  the  Secretary,  and  attested 
by  the  seal  of  the  Commission,  and  must  contain: 

1.  The  names  of  the  parties  to  the  proceeding. 

2.  A  statement  of  the  nature  of  the  complaint. 

3.  A  direction  that  the  defendant  appear  and 
answer  said  complaint  at  a  time  and  place  specified 
by  said  Commission. 

Rui^b:  III. 

The  summons  may  be  served  by  any  citizen  of 
the  State,  and  shall  be  served  by  delivering  a  copy 
thereof,  together  with  a  copy  of  the  complaint,  to 
the  defendant,  or  if  the  defendant  is  a  corpora- 
tion, to  the  President,  Secretary,  Treasurer,  or 
Managing  or  Designated  Agent  thereof.  Proof 
of  service  of  summons  and  complaint  must  be 
made  by  certification. 

Rule  IV. 
From  the  time  of  service  of  the  summons  and 
copy  of  complaint,  the  Commission  shall  be 
deemed  to  have  acquired  jurisdiction  of  the  par- 
ties and  subject-matter.  The  voluntary  appear- 
ance of  the  defendant  is  equivalent  to  personal 
service. 

Rule  V. 
The  complaint  must  contain : 

1.  The  names  of  the  parties  to  the  proceeding. 

2.  A  statement  of  the  cause  of  complaint,  in  or- 


Railroad  Conunission..  5' 

dinary  and  concise  language,  giving  such  particu- 
lars of  time,  place,  and  circumstances  as  may 
enable  the  defendant  to  answer  the  same  intelli- 
gently. 

3.  A  demand  of  the  relief  claimed. 


Rule  VI. 

The  complainant  may  unite  several  causes  of 
action  in  the  same  complaint,  but  each  cause  must 
be  separately  pleaded  therein. 

Rule  VII. 

The  defendant  may,  within  the  time  required  in 
the  summons  to  answer,  demur  to  the  complaint 
upon  the  following  grounds : 

1.  That  it  does  not  state  facts  sufficient  to  au- 
thorize the  proceedings. 

2.  That  it  contains  more  than  one  cause  of 
action,  and  that  such  causes  are  not  ^separately 
pleaded. 

3.  That  it  is  ambiguous,  uncertain,  or  unintel- 
ligible. 

RulEVIII. 

If  the  demurrer  is  sustained,  the  complainant 
may,  within  ten  days  thereafter,  amend  his  com- 
plaint. If  the  demurrer  is  overruled,  the  defend- 
ant must,  within  ten  days  thereafter,  answer  the 
complaint. 


6  Rules  of  Procedure  of  the 

Rule  IX. 
The  answer  of  the  defendant  must  contain : 

1.  A  general  or  specific  denial  of  the  allegations 
of  the  complaint  controverted  by  him. 

2.  A  statement  of  any  new  matter  of  defense,  or 
in  mitigation  or  explanation  of  charges  made  in 
the  complaint. 

3.  The  answer  of  the  defendant  shall  be  verified 
and  filed  with  the  Secretary  of  the  Commission, 
and  a  copy  thereof  served  by  defendant  upon  com- 
plainant. 

Rule  X. 

The  complainant  may,  within  ten  days  after  the 
service  of  the  answer,  demur  to  the  same  as  in- 
sufficient, and  if  the  demurrer  is  sustained,  the 
defendant  may,  within  ten  days  thereafter,  amend 
his  answer. 

Rule  XL 

The  complaint,  answer,  and  demurrer  must  be 
subscribed  by  the  party  or  by  some  attorney  at 
law  in  his  behalf.  The  complaint  and  answer 
must  be  verified,  in  the  same  manner,  by  the  per- 
sons and  in  the  form  required  by  the  Code  of 
Civil  Procedure  in  civil  cases. 

Rule  XII. 
All  pleadings  shall  be  in  typewriting  on  one  side 
of  the   sheet  only;   each  line  and  page   shall  be 
numbered,  and  three  copies  of  every  pleading  shall 
be  filed  with  the  Commission. 


Railroad  Commission.  7 

1.  Every  complaint  shall  specify  the  section  or 
sections  of  the  law  claimed  by  complainant  to 
have  been  violated  by  the  facts  pleaded. 

2.  Demurrers  to  pleadings  shall  be  accompanied 
by  a  written  statement  of  points  and  authorities  in 
short  form,  or  such  demurrers  will  be  disregarded 
by  the  Commission. 

Rule  XIII. 

The  provisions  of  Sections  452,  453,  462,  463, 
464,  465,  469,  470,  471,  472,  473,  and  476  of  the 
Code  of  Civil  Procedure  shall  be  applicable  to 
pleadings  before  the  Commission. 

RuLD  XIV. 

When  issue  has  been  joined,  the  Commission, 
upon  application  of  either  party,  or  of  its  own 
motion,  shall  fix  the  day  and  place  of  trial. 

1.  Good  cause  appearing  therefor,  the  time  or 
place  of  trial  may  be  changed,  but  no  order  chang- 
ing the  time  or  place  of  trial  shall  be  made  with- 
out proof  of  five  days'  notice  of  the  application 
therefor. 

2.  The  Secretary  shall  notify  all  parties  of  the 
time  and  place  of  trial  as  provided  by  law. 

3.  Stipulations  entered  into  between  parties  ex- 
tending time  to  move  or  plead  will  not  be  con- 
sidered by  the  Commission.  All  extensions  of 
time  to  move  or  plead  must  be  secured  from  the 
Commission  after  two  days'  notice  to  the  adverse 


8  Rules  of  Procedure  of  the 

party  of  application  therefor,  and  such  applica- 
tions shall  be  accompanied  by  an  affidavit  showing 
necessity  therefor. 

Rui.e  XV. 

'.  If  the  defendant  fails  to  appear  and  answer  the 
complaint,  the  Commission  shall  render  such  de- 
cision thereon,  within  the  relief  demanded  in  the 
complaint,  as  the  facts  may  .warrant. 

RuLK  XVI. 

The  Secretary  of  the  Commission  must  keep  a 
calendar  of  the  proceedings  at  issue,  according  to 
the  date  of  service  of  the  summons ;  and  Sections 
595  and  596  of  the  Code  of  Civil  Procedure  shall 
be  applicable  to  the  proceedings  to  be  had  after 
said  proceedings  are  entered  on  the  calendar. 

Rule  XVII. 

Any  party  to  such  proceeding,  feeling  aggrieved 
at  the  decision  of  the  Commission  may,  within 
thirty  days  after  such  decision,  apply  to  the  Com- 
mission for  a  rehearing;  such  application  shall  be 
in  writing,  and  shall  be  filed  with  the  Secretary. 
The  application  may  be  made  upon  any  or  all  of 
the  following  grounds : 

1.  Irregularity  in  the  proceedings  or  abuse  of 
discretion,  by  which  the  party  was  prevented  from 
having  a  fair  hearing. 


Railroad  Commission.  9 

2.  Accident  or  surprise  which  ordinary  pru- 
dence could  not  have  guarded  against. 

3.  Newly  discovered  evidence,  material  for  the 
party  making  the  application,  which  could  not 
with  reasonable  diligence  have  been  discovered 
and  produced  at  the  trial. 

4.  Insufficiency  of  evidence  to  justify  the  deci- 
sion, or  that  it  is  against  the  law. 

5.  Error  of  law  occurring  on  the  trial.  Sections 
658,  659,  and  660  of  the  Code  of  Civil  Procedure 
shall  be  applicable  to  such  rehearing. 

RUI.S;  XVIII. 

Sections  668,  669,  and  670  of  the  Code  of  Civil 
Procedure  shall  be  applicable  to  the  entry  of  the 
decisions  of  these  Commissioners. 


RuLD  XIX. 

The  provisions  of  Part  IV  of  the  Code  of  Civil 
Procedure,  relating  to  the  general  principles, 
kinds,  and  degrees,  production,  and  effect  of  evi- 
dence, and  of  the  rights  and  duties  of  witnesses, 
shall  be  applicable  to  proceedings  before  the  Com- 
mission. 

Rule;  XX. 

The  word  "person"  in  these  rules  includes  cor- 
porations and  firms — the  sinigular  the  plural,  and 
the  masculine  the  feminine  and  neuter  genders. 


10  Rules  of  Procedure. 

RuLD  XXL 

These   rules  may  be   amended   at   any   regular 
meeting  of  the  Commission. 

RUI.E  XXII. 

These  rules  shall  be  in  force  from  and  after  the 
first  day  of  July,  1909. 

A.  C.  Irwin, 

Pirsi  District, 

H.  D.  LoVElvAND, 

Second  District, 

ThE:0D0RE     SuMMERIvAND, 

Third  District, 
Railroad  Commission  of  the 
State  of  California. 

Attest : 

W.  D.  Wagner,  Secretary. 


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